216 N.E.2d 371 (Ohio 1966), 39586, State ex rel. Hunter v. Erickson

Docket Nº:39586.
Citation:216 N.E.2d 371, 6 Ohio St.2d 130
Opinion Judge:Per Curiam.
Party Name:The STATE ex rel. HUNTER, Appellant, v. ERICKSON, Mayor, et al., Appellees.
Attorney:Norman Purnell and Bernard R. Roetzel, Akron, for appellant. Mr. Norman Purnell and Mr. Bernard R. Roetzel, for appellant., Mr. R.C. Sheppard and Mr. Paul M. McKosky, for appellees.
Judge Panel:The facts are stated in the opinion by Herbert, J. TAFT, C.J., and ZIMMERMAN, O'NEILL and HERBERT, JJ., concur. MATTHIAS, SCHNEIDER and PAUL W. BROWN, JJ., dissent. HERBERT, Judge (concurring). TAFT, C.J., and ZIMMERMAN and O'NEILL, JJ., concurring in the judgment only. [6 Ohio St.2d 136] PAUL W....
Case Date:April 27, 1966
Court:Supreme Court of Ohio
 
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Page 371

216 N.E.2d 371 (Ohio 1966)

6 Ohio St.2d 130

The STATE ex rel. HUNTER, Appellant,

v.

ERICKSON, Mayor, et al., Appellees.

No. 39586.

Supreme Court of Ohio.

April 27, 1966

Appeal from Court of Appeals for Summit County.

The facts are stated in the opinion by Herbert, J.

Norman Purnell and Bernard R. Roetzel, Akron, for appellant.

R.C. Sheppard and Paul M. McKosky, Akron, for appellees.

PER CURIAM

Four members of the court are of the opinion that the judgment of the Court of Appeals should be reversed, and the cause remanded with instructions to overrule the demurrer and for further proceedings according to law.

Judgment reversed.

Page 372

TAFT, C.J., and ZIMMERMAN, O'NEILL and HERBERT, JJ., concur.

MATTHIAS, SCHNEIDER and PAUL W. BROWN, JJ., dissent.

HERBERT, Judge (concurring).

On July 14, 1964, the Council of the city of Akron passed ordinance No. 873-1964 which prohibits discrimination in the sale or rental of houses by reason of race, color, religion, national origin, or ancestry.

Section 2 of the ordinance provides that:

"To effectuate said policy there is hereby created in the office of the Mayor a Commission on Equal Opportunity in Housing, which shall consist of five members who shall be appointed by the Mayor ***."

The Council of the city of Akron later adopted ordinance 926-1964 amending section 6 of the original ordinance, as follows:

[6 Ohio St.2d 131]"Section 1. That section 6 of ordinance 873-1964, passed July 14, 1964, be and the same is hereby amended to provide as follows:

"Section 6 Enforcement Procedure

"(a) A complaint charging a violation of this ordinance may be made by the commission itself or by an aggrieved individual.

"(b) The commission shall make a prompt and full investigation of each complaint of an unlawful housing practice.

"(c) If the commission determines after investigation that a probable cause exists for the allegations made in the complaint, it shall attempt to eliminate the alleged unlawful housing practice by means of conciliation and persuasion. ***"

Section (d) provides for a public hearing in the event of a failure to eliminate "the alleged unlawful housing practice charged in the complaint by means of conciliation or persuasion ***." The power of subpoena is conferred upon the commission, and at such public hearing it may be proposed that a full and complete investigation be made. The ordinance then proceeds:

"(e) If upon all the evidence presented, the commission finds that the respondent has not engaged in any unlawful housing practice, it shall state its findings of fact, dismiss the complaint. If upon all the evidence presented the commission finds that the respondent has engaged or is engaging in an unlawful housing practice, it shall state its findings of fact and shall issue such order as the facts warrant.

"(f) In the event the respondent fails to comply with any order issued by the commission, it shall certify the case and the entire record of its proceedings to the city Director of Law for appropriate action to secure enforcement of the commission's order."

On the 26th and 27th of January 1965, relator caused the Mayor and members of the commission to be served with copies of...

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